Terms and Conditions

Terms and conditions are a set of rules and guidelines that a user must agree to in order to use a product or service. They outline the rights and responsibilities of both the user and the provider, and often include information about payment terms, warranties, liability, and dispute resolution. Terms and conditions are intended to protect both parties and to ensure that everyone understands what is expected of them.

Definitions

Agreement This is the current document in its entirety and constitutes a formal agreement between the customer and the supplier specifying the conditions and arrangements each party is required to perform

Booking Fee This is a payment made by the customer to the supplier to secure a booking for an event.  Booking fees are subject to deduction for cancellation or other failures by the customer in accordance with this Agreement.

Cooling-Off Period The customer has a statutory cooling-off period of 14 days when buying goods or services online, over the phone or via mail order.  This period starts the day you pay the booking fee and agree to the Terms and Conditions and allows the customer to cancel the contract without reason or penalty charges.

The supplier will not start any services or bookings until after the cooling-off period has ended.

Further details are available at Cooling Off Period UK - Consumer Advisory or What’s a cooling-off period and how do I use it to cancel an order? - Which?

Customer This is the individual(s) who have requested the Service(s) from the Supplier and having signed the Terms and Conditions, who would be liable for all fees, insurance and liabilities to protect individuals involved.

Event This is the occurrence or happening that is planned and organised by the Customer for a specific purpose, including but not limited to social, cultural, political or commercial in nature.  These can range from small gatherings to large-scale events such as a concert or festivals.

Fee(s) These relate to the event charges which have been agreed upon between the Customer and the Supplier for the provision of Service(s), booking(s), rental of goods or equipment that are necessary for the execution of the Booked Service(s). Fees will be outlined in the Customer Quote and the Customer Booking Letter and agreed upon prior to the Event.

Final Balance or Balance of Payment This is the amount of monies that are due to the Supplier by the Customer that have been agreed upon in the Customer Booking Letter and Quote for the provision of Service(s).  This amount is calculated by subtracting any deposits or advance payments that have already been made from the total cost of the good(s) and/or Service(s) agreed upon.  Payment is due in accordance with the agreement.

Force Majeure Any cause affecting the performance of the Customer(s) or Supplier of its obligations under this Agreement arising from acts, events, omissions or non-events beyond its reasonable control, including acts of God, riots, war, government alerts, disease, acts of terrorism, storm or earthquake and any disaster, but excluding any industrial dispute relating to the Supplier or the Supplier Personnel, any failure in the Supplier’s supply chain and any other failure that should reasonably have been foreseen by the Supplier which could impact upon the Supplier’s ability to provide the Service(s)

Quote This is the document submitted to the customer following a enquiry and does not constitute an agreement or booking.  This is an estimate of the cost of goods or services provided by the supplier to the customer incorporating a breakdown of expected costs.  The quote becomes legally binding once the customer has agreed to the Terms and Conditions and paid the agreed Booking Fee.

Service(s) This refers to tasks or activities that are performed by the Supplier for the Customer in exchange for payment. These include, but are not limited to, event photography, post production, goods and others that may be detailed in the Customer Booking Letter and the Quote.

Supplier In this agreement the supplier is ‘De Villiers Photography’ unless stated differently in the Agreement, Quote or Customer Booking Letter who may be supplying goods or Services to the Customer in accordance with the terms and conditions agreed upon.  

Booking Fee

A non-refundable Booking Fee of 50% of the total quote and agreement to the Terms and Conditions is required to confirm the booking.

Should the customer request any additional Services following the booking a 50% deposit for these additions will be required to agree upon these additions.

The Booking Fee will be deducted from the final balance and will secure the Services or Event.

A 14-day cooling-off period will be adhered to unless the customer opts to waive the cooling-off period. This may be due to the following:

• the event occurs before the end of the cooling-off period,

• the customer requires goods and services to be delivered immediately,

The cooling-off period will not apply for the following, but not limited to:

• items with a short shelf life (such as props ordered),

• items personalised for the Customer,

• digital items accessed online or via digital media if the seal is broken,

• room bookings agreed with the customer and acknowledgement of waiver,

• vehicle rental agreed with the customer and acknowledgement of waiver,

• goods transported, and

• requests for urgent repairs and maintenance.

Balance of Payments

The balance of payments will be outlined on the booking confirmation letter from De Villiers Photography (‘Supplier’) with the final payment to be paid no later than one month before your event date.  If your event is booked within the 1 month period, the balance of payment must be made immediately and the customer is to decide whether or not to waive the cooling-off period.

Balance of payment for additional Services agreed upon after this date is made as follows:

• Service(s) requested after booking, but before final payment, will be added to the booking confirmation letter,

• Service(s) requested within one month prior to the event must be paid in full to confirm the addition of Service(s), and

• Service(s) requested during or after the Event must be paid for immediately via bank transfer or Point of Sale terminal to confirm the addition of the Service(s).  The customer must also opt to waive the cooling-off period.

Refunds and cancellations

Should the Customer request a refund during the cooling-off period, a full refund will be provided, however, if the customer has elected to waive the cooling-off period or the Service/Event occurs before the end of the cooling-off period this will constitute a cancellation of Service and fees will be calculated in accordance with the cancellations section of this agreement.

Should the supplier be unable to provide a Service (through sickness, injury, death, etc.), the Supplier will refund the full value of that service, unless the customer or customer's guests are the cause for the Supplier being unable to provide this Service.  The Customer has the right to discuss this to understand the cause of the failure.

Should a ‘Force Majeure’ occur, the Supplier is required to inform the Customer of the reason.  The Customer accepts that said ‘Force Majeure’ may not provide a full refund, but the Supplier will make all reasonable efforts to ensure that any expenses already made are within reasonable limits.  Any difference between the full payment and reasonable expenses will be paid back to the Customer, with a full breakdown of expenses.

Should the Customer request the Service(s) to be cancelled, the following calculations will be followed:

• After the cooling-off period but more than one month before the event

  • Deposit paid less expenses for Service(s) and fees already paid for and booked.

• Between one month and 1 week before the Event date

  • Total cost less 75% of the deposit (based on loss of income) and expenses for Service(s) and fees already paid for and booked.

• 1 week prior to the Event and beyond

  • No refund (loss of income)

All requests for cancellation are to be sent via the email found on the Supplier’s website (See page footer). Should the cancelled Service or Event turn out to be a postponement, then, subject to the Suppliers' availability, all monies paid may be applied to the new event. In this case, the total fees chargeable shall be the fee which applies at that time. If the Supplier can re-book a cancelled date with an equivalent booking, then the cancellation fee will be reduced to the total fee less 75% of the Booking Fee and expenses for Service(s) and fees already made for the cancelled customer booking unless the same Service(s) and expenses can be reused for the new booking.  But all reasonable efforts will be made to reduce the loss to the Customer(s).

Amendments

Should the Customer request an amendment to any agreed-upon service, this amendment is to be requested prior to the Service or Event and the Customer agrees to pay on request any additional charges that may occur.  If the amendment requires a reduction in cost, then the Customer agrees that the refund will be based on the Refunds and Cancellations section of this document and apportioned to reasonable best endeavours.

Fees

If travel expenses apply such as hotel, flights, ferries, accommodation, meals, etc. these are agreed upon in advance and will be charged at cost.  If a vehicle is used, the mileage rate will be calculated in accordance with the HMRC Guidance on Travel Mileage and Fuel Rates.

Parking fees, tolls, Congestion Charges and ULEZ charges, if applicable, will be charged at cost.

If the Event is expected to last more than 4 hours, it is kindly requested that the Customer(s) provide a meal(s) for the photographer/s and staff on the day of the Service or Event, if this is not possible, the Customer is to inform the Supplier not less than 1 week prior to the event.  Should the Customer not be able to provide a meal, expenses and delays may be incurred.  The Customer(s) is to ensure that the Photographer's dietary needs are accommodated.

Should the Customer require additional props for the Service or Event, these are to be requested as early as possible to avoid disappointment.  This includes significant time for delivery and all items will be charged at cost.  The Customer is to discuss whether they would require these items after the Service or Event and if they are not required, the supplier will calculate costs for recycling, selling or purchasing the items, if required.  Otherwise, the Customer will accept all liability for the safe and responsible disposal of props.

Artistic Licence

The Supplier shall be granted artistic licence in relation to the poses photographed, the lighting selected, and the locations used, however, the Customer may request specific locations and may be considered by the Supplier. 

The lighting and the number of photographs taken shall be deemed correct based on the discretion of the supplier. Some photographs may not be possible due to changes in the weather and the availability and willingness of subjects. The supplier will endeavour to honour all requests from the customer but does not undertake to guarantee any specific photographs, or the personal attendance of any specific photographer, nor incorporate any specific background, location or group arrangement. Whilst we assure you of our very best attention at all times, we cannot be held responsible for any manufacturer's faults, nor other mechanical, electrical, optical or data storage faults.

Licences and Permissions

The Customer will be responsible for ensuring that all costs pertaining to licences and permissions required to undertake the Service.  The Supplier will not be held responsible if a location selected by the Customer requires  permission and/or licences in order for the Supplier to undertake the Service and the Customer should allow adequate time for the Supplier to request permission and/or licences.  The Supplier will make all reasonable efforts to obtain permission and/or licences for the location requested and ensure the Customer is informed of the outcome.

Digital Products

The Customer is aware that the digital images will be provided via a digital file share process.  Access will be provided to the Customer based on an agreed period, allowing for any post-processing required by the Supplier under Artistic Licence.  The maximum period allowed to download the images will be for two weeks (14 calendar days), should the Customer require the availability for a longer period, storage charges may be applicable.

The Customer is not to provide access to the file share to anyone else and doing so will be a breach of contract under copyright.

Printed Products

The Customer is aware that the Supplier uses a third party to produce any printed products requested by the Customer.  Should any product from the third party not be to the required standards, these are to be raised with the Supplier on the email found on their website.  Any defects or queries should have images of the quality issue included in the query.

The Customer accepts that colour dyes in any printed product may fade or discolour over time and the customer accepts that any such wear and tear shall not be the responsibility of the Supplier or the third party.

The Supplier will attempt to resolve any queries with reasonable efforts.

Behaviour

Any harassment, abuse or aggression to the Supplier and their staff by the Customer, customer’s guests, staff and/or event attendees will not be acceptable and a zero-tolerance policy will apply.  Any such harassment, abuse or aggression towards the Supplier will be reported to the Police.  It is also accepted that any harassment, abuse or aggression of any kind will result in the Supplier withdrawing from the Event for their safety and the Customer will not be able to claim for any refunds.

Copyright and Use

By law, De Villiers Photography (‘Supplier’) own all copyrights, the right to display, publish, exhibit or post on social media and enter for any competition, or use for any other purpose whatsoever, all, or any of the photographs taken. 

No photograph or portion of a photograph may be copied, photographed, photocopied, electronically scanned or stored, reproduced or transmitted in any manner whatsoever without written permission of De Villiers Photography and payment of the reproduction release fee. 

If digital images are purchased, we grant reproduction rights for personal use only. Images must not be used for any Commercial or Editorial purpose without express written permission from De Villiers Photography.

Privacy

Your personal information will only be used to contact you regarding your enquiry, booking or updates. No information will be passed to third parties for marketing purposes.

De Villiers Photography will hold Customer information on file in accordance with UK GDPR regulations and the Data Protection Policy.

Contract Amendments

Any amendments to this contract are to be sent to the email address found on the supplier’s website.  Any requests will be reviewed and responded to within 5 working days.  

Should it not be possible to agree on the amendments and the Customer wishes to terminate the contract then the terms of cancellation and associated fees will apply.

If the customer’s amendment is agreed upon, then a fresh quote and fees will be provided for any impacts upon Service(s) and expenses, including a £20 fee for administration.

By engaging the services of De Villiers Photography through payment of the Booking Fee you agree to these terms and conditions.